IN THE HIGH COURT OF KERALA AT ERNAKULAM
MFA.No. 137 of 2003(C)
1. ALAMMA SEBASTIAN, W/O. LATE
... Petitioner
Vs
1. M.S. SELVAM, SELVAM SALT WORKS,
... Respondent
2. UNITED INDIA INSURANCE COMPANY
For Petitioner :SRI.P.JACOB MATHEW
For Respondent :SMT.P.A.REZIA
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :30/06/2008
O R D E R
J.B.KOSHY & P.N.RAVINDRAN, JJ.
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M.F.A.No.137 OF 2003
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Dated 30th June, 2008
JUDGMENT
Koshy,J.
Appellant/claimant sustained injuries in a motor accident on
10.4.1993. She was employed as Assistant Project Officer of the
Regional Artificial Insemination Centre, Thiruvananthapuram. She
claimed a compensation of Rs.1,84,500/=. Tribunal awarded only
Rs.12,606/=. Only quantum of compensation is disputed in this appeal.
The wound certificate shows that she had only lacerated wounds and
fracture of medial malleolus right. No disability certificate was
produced. Ext.A9 certificate shows that she was advised rest for two
months. It also shows that apart from the lacerated wounds she
sustained fracture of medial malleolus (R) and contusion cervical spine.
Since no disability certificate was produced and she did not lose his job
due to the accident and it was not affected his loss of earning capacity,
Tribunal rightly did not grant any compensation for permanent disability.
But, we note that medical certificate shows that she was advised for two
months’ rest. Her salary at the time of accident was Rs.4,729/=. In the
above circumstances, we grant two months’ wages of Rs.9,000/= as loss
of actual earnings in addition to the amount granted by the Tribunal. We
MFA.137/2003 2
are of the opinion that no enhancement is needed under other heads.
The above Rs.9,000/= should be deposited by the second respondent
insurance company with 7% interest from the date of application till
its deposit, over and above the decreed amount by the Tribunal. On
deposit of the amount, appellant is allowed to withdraw the same.
The appeal is partly allowed.
J.B.KOSHY
JUDGE
P.N.RAVINDRAN
JUDGE
tks